J H JEWELLERS Vs. UMED CHINDALIYA AND ORS

JUDGEMENT

(1.) Review PET. 253/2017 (by D-4 u/S 114 r/w O XLVII CPC) and I.A. 7373/2017 (for condonation of delay of 578 days in filing REVIEW PET. 253/2017)

(2.) The relevant facts of the present case, considered necessary to decide the review petition are as follows.

(3.) In January, 2014, the plaintiff had instituted a suit for recovery of Rs.10,17,42,312/- against the defendants No.1 to 3 and the originally impleaded defendant No.4/ING Vyasa. Defendant No.4/Bank was served with the summons in the suit sometime in April, 2014 and had entered appearance through Mr. Vikas Chopra, Advocate before the Joint Registrar on 28.04.2014. As the defendant No.4/Bank did not file its written statement within the statutory period, the learned Joint Registrar closed its right to file the written statement vide order dated 16.10.2014. Instead of filing a Chamber Appeal against the aforesaid order dated 16.10.2014, the defendant No.4/Bank elected to file an application for condonation of delay (I.A. 22198/2014) on 11.11.2014 alongwith a written statement. However, when the matter was listed before the Joint Registrar on 14.11.2014, learned counsel for the defendant No.4/Bank sought leave to withdraw the said application when the other side pointed out that the same was not maintainable since the right of the Bank to file the written statement had already been closed vide order dated 16.10.2014.